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COLONIAL AND CONSTITUTIONAL. 

EDITED BY 
ALBERT BUSHNELL HART AND ED"WARD CHANNINQ 

Of Harvard UNrvEESiTY. 



3SrO. 21- 



1765. UIH^ ' 




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COLONIAL AND CONSTITUTIONAL. 



No. 2 1. — Mav, 1895. 



THE STAMP ACT, 1765. 

This number contains the text of the Stamp Act, reprinted word for 
word, with the exceptions hereafter noted, from a black letter edition pub- 
lished " by authority " in 1 765 at London. The Stamp Act is not included 
in the printed editions of Acts of Parliament, nor in any book accessible to 
students, except those favored few who have the use of the great libraries of 
the country. In making this reprint it has not been thought necessary to 
repeat certain words which recur in the Act from ten to fifty times. These 
omissions are noted in the usual way, the words omitted can be supplied by 
turning back a page or two, except in the case of the words italicised in the 
following sentences, which have been omitted except in the first section of 
the Act : " For every skin, or piece ofvelliiin, or parcJiment, or sheet or piece 
of paper, on which shall be ingraved, ivritten or prinied, etc., be it enacted 
by the authority aforesaid'' It has been the aim of the editors to preserve 
the spelling, capitalization, and punctuation of the original printed copy. 
The only addition made is the insertion, in square brackets, of section num- 
bers before the paragraphs of the Act. For further information see the 
works of George Bancroft, Hildreth, Gay, Lord Mahon, Adolphus and 
Massey. The best comprehensive accounts are those of Mellen Chamber- 
lain in the Auirative and Critical History, VI; Lecky in his History of 
England, ^n(\^\c\\a.xd Frothingham in The A'ise of the /^cp iridic of the 



2 THE STAMP ACT. 

United Slates. For further references, see Channing and Hart, Guide to 
the Study of American History, ^ 56, and Winsor, in the "Editorial 
Notes" to the Judge Chamberlain's chapter, above noted. 



thp: stamp act. 

5 Geo. III. Cap. XII. 

Whereas by an Act made in the last Session of Parliament, 
several Duties were granted, continued, and appropriated, 
toward defraying the Expenses of defending, protecting, and 
securing, the British Colonies and Plantations in America : 
And whereas it is just and necessary, that Provision be made 
for raising a further Revenue within Your Majesty's Domin- 
ions in America, towards defraying the said Expenses: We, 
Your Majesty's most dutiful and loyal Subjects, the Com- 
mons of Great Britain in Parliament assembled, have there- 
fore resolved to give and grant unto Your Majesty the several 
Rates and Duties liere in after mentioned ; and do most hum- 
bly beseech Your Majesty that it may be enacted, and be it 
enacted by the King's most Excellent Majesty, by and with 
the Advice and Consent of the Lord's Spiritual and Temporal, 
and CommonS; in this present Parliament assembled, and by 
the Authority of the same, That from and after the First Day 
of November, One thousand seven hundred and sixty- five, 
there shall be raised, levied, collected, and paid unto His 
Majesty, His Heirs, and Successors, throughout the Colonies 
and Plantations in America which now are, or hereafter may 
be, under the Dominion of His Majesty, His Heirs, and 
Successors. 

[i.] For every Skin or Piece of Vellum or Parchment, or 
Sheet or Piece of Paper, on which shall be ingrossed, written, 
or printed, any Declaration, Plea, Replication, Rejoinder, 
Demurrer, or other Pleading, or any Copy thereof, in any 
Court of Law within the British Colonies and Plantations in 
America, a Stamp Duty of Three Pence. 

[2.] For every Skin . . . on which shall be ingrossed 
any Sjjccial Bail and Appearance upon Such Bail in 
any such Court, a Stam[) Duty of Two Shillings. 



THE STAMP ACT. 3 

[3.] For every Skin ... on which shall be ingrossed 
any Petition, Bill, Answer, Claim, Plea, Repli- 
cation, Rejoinder, Demurrer, or other Pleading in any Court 
of Chancery or Equity within the said Colonies and Planta- 
tions, a Stamp Duty of One Shilling and Six Pence. 

[4.] For every Skin . . . on which shall be ingrossed 
any Copy of any Petition, Bill, Answer, Claim, 
Plea, Replication, Rejoinder, Demurrer, or other Pleading 
in any such Court, a Stamp Duty of Three Pence. 

[5.] For every Skin . . . on which shall be ingrossed 
any Monition, Libel, Answer, Allegation, Inventory, or Re- 
nunciation in Ecclesiastical Matters, in any Court of Probate, 
Court of the Ordinary, or other Court exercising Ecclesias- 
tical Jurisdiction within the said Colonies and Plantations, a 
Stamp Duty of One Shilling. 

[6.] For every Skin . . . on which shall be ingrossed, 
printed, any Copy of any Will (other than the Probate thereof,) 
Monition, Libel, Answer, Allegation, Inventory, or Renuncia- 
tion in Ecclesiastical Matters in any such Court, a Stamp 
Duty of Six Pence. 

[7.] For every skin . . . on which shall be ingrossed, 
any Donation, Presentation, Collation, or Institution of or to 
any Benefice, for any Writ or Instrument for the like Purpose, 
or any Register, Entry, Testimonial, or Certificate of any 
Degree taken in any Lhiiversity, Academy, College, or Sem- 
inary of Learning, within the said Colonies and Plantations, 
a Stamp Duty of Two Pounds. 

[8.] For every skin . . . on which shall be ingrossed 
any Monition, Libel, Claim, Answer, Allegation, 
Information, Letter of Request, Execution, Renunciation, 
Inventory, or other Pleading in any Admiralty Court within 
the said Colonies and Plantations, a Stamp Duty of One 
Shilling. 

[9.] For every Skin . . . on which any Copy of any 
such Monitions, Libel, Claim, Answer, Allegation, Informa- 
tion, Letter of Request, Execution, Renunciation, Inventory, 
or other Pleadings shall be ingrossed ... a Stamp 
Duty of Six Pence. 

[10.] For every Skin ... on which shall be in- 
grossed . . . any Appeal, Writ of Error, Writ of Dower, 



4 THE STAMP ACT, 

Ad Quod Da77inum, Certiorari, Statute Merchant, Statute Sta- 
ple, Attestation, or Certificate, by any Officer, or Exemplica- 
tion of any Record or Proceeding in any Court whatsoever 
within the said Colonies and Plantations (except Appeals, 
Writs of Error, Certiorari, Attestations, Certificates, and Ex- 
emplifications, for or relating to the Removal of any Proceed- 
ings from before a single Justice of the Peace) a Stamp Duty 
of Ten Shillings. 

[ii.] For every Skin . . . on which shall be in- 
grossed . . . any Writ of Covenant for levying of Fines, 
Writ of Entry for suffering a Common Recovery, or Attach- 
ment issuing out of, or returnable into, any Court within the 
said Colonies and Plantations, a Stamp Duty of Five Shil- 
lings. 

[i2.] For every Skin ... on which shall be in- 
grossed . . . any Judgement, Decree, Sentence, or Dis- 
mi^^sion, or any Record oi Nisi Priiis or Postea, in any Court 
within the said Colonies and Plantations, a Stamp Duty of 
Four Shillings. 

[13.] For every Skin ... on which shall be in- 
grossed . . . any Affidavit, Common Bail or Appear- 
ance, Interrogatory Deposition, Rule, Order, or Warrant of 
any Court, ox 2iny Dcdimus Prof esfatem, Capias Subpoena, Sum- 
mons, Compulsory Citation, (Commission, Recognizance, or 
any other Writ, Process or Mandate, issuing out of, or re- 
turnable into, any Court, or any Office belonging thereto, or 
any other Proceeding therein whatsoever, or any Copy thereof, 
or of any Record not herein before charged, within the said 
Colonies and Plantations (except Warrants relating to Crimi- 
nal Matters, and Proceedings thereon, or relating thereto) a 
Stamp Duty of One Shilling. 

[14.] For every Skin ... on which shall be in- 
grossed . . . any Licence, Appointment, or Admission 
of any Counsellor, SoUicitor, Attorney, Advocate, or Proctor, 
to practise in any Court, or of any Notary within the said 
Colonies and Plantations, a Stamp Duty of Ten Pounds. 

[15.] For every Skin ... on which shall be in- 
grossed . . . any Note or Bill of Lading, which shall 
be signed for any kind of Goods, Wares, or Merchandise, to 
be exported from, or any Cocket or Clearance granted within 



THE STAMP ACT. 5 

the said Colonies and Plantations, a Stamp Duty of Four 
Pence. 

[16.] For every Skin ... on which shall be in- 
grossed . . . Letters of Mart, or Commission for Pri- 
vate Ships of War, within the said Colonies and Plantations, 
a Stamp Duty of Twenty Shillings. 

[17.] For every Skin ' . . . on which shall be in- 
grossed . . . any Grant, Appointment, or Admission 
of or to any public beneficial Office or Employment, for the 
Space of One Year, or any lesser Time, of or above the 
Value of Twenty Vow\\d& per Annirm Sterling Money, in Sal- 
ary, Fees, and Perquisites, within the said Colonies and Plan- 
tations (except Commissions and Appointments of Officers of 
the Army, Navy, Ordinance or Militia, of Judges and of 
Justices of the Peace) a Stamp Duty of Ten Shillings. 

[18.] For every Skin . . . on which any Grant of 
any Liberty, Privilege, or Franchise, under the Seal of any of 
the said Colonies or Plantations, or under the Seal or Sign 
Manual of any Governor, Proprietor, or public Officer, alone, 
or in Conjunction with any other Person or Persons, or with 
any Council, or any Council and Assembly, or any Exempli- 
fication of the Same, shall be ingrossed . . , within the 
said Colonies and Plantations, a Stamp Duty of Six Pounds. 

[19.] For every Skin ... on which shall be in- 
grossed . . . any License for retailing of Spirituous 
Liquors, to be granted to any Person who shall take out the 
same within the said Colonies and Plantations, a Stamp Duty 
of Twenty Shillings. 

[20.] For every Skin ... on which shall be in- 
grossed . . . any Licence for Retailing of Wine, to be 
granted to any Person who shall not take out a License for 
retailing of Spirituous Liquors, within the said Colonies and 
Plantations, a Stamp Duty o^ Four Pounds. 

[21.] For every Skin ... on which shall be in- 
grossed . . . License for Retailing of Wine, to be 
granted to any Person who shall take out a License for Re- 
tailing of Spirituous Liquors, within the said Colonies and 
Plantations, a Stamp Duty of Three Pounds. 

[22.] For every Skin ... on which shall be in- 
grossed . . . any Probate of a Will, Letters of Admin- 



6 THE STAMP ACT. 

istration, or of Guardianship for any Estate above the Value 
of Twenty Pounds Sterling Money, within the British Colo- 
nies and Plantations upon the Continent of America, the 
Islands belonging thereto, and the Bermuda and Bahama 
Islands, a Stamp Duty of Five Shillings. 

[23.] For every Skin . . . on which shall be in- 
grossed any such Probate, Letters of Administration or of 
Guardianship, within all other parts of the British Dominions 
in America, a Stamp Duty of Ten Shillings. 

[24.] For every Skin ... on which shall be 
ingrossed any Bond for securing the Payment of any Sum of 
Money, not exceeding the Sum of Ten Pounds Sterling 
Money, within the British Colonies and Plantations upon the 
Continent of America, the Islands belonging thereto, and 
the Bermuda and Bahama Islands, a Stamp Duty of Six 
Pence. 

[25.] For every Skin on which shall be ingrossed any 
Bond for securing the Payment of any Sum of Money above 
Ten Pounds, and not exceeding the Sum of Twenty Pounds 
Sterling Money, within such Colonies, Plantations, and 
Islands, a Stamp Duty of One Shilling. 

[26.] For every Skin on which shall be ingrossed any 
Bond for securing the Payment or any Sum of Money above 
Twenty Pounds, and not exceeding Forty Pounds Sterling 
Money, within such Colonies, Plantations, and Islands, a 
Stamp Duty of One Shilling and Six Pence. 

[27.] For every Skin ... on which shall be 
ingrossed any Order or Warrant for surveying or setting out 
any Quantity of Land, not exceeding One Hundred Acres, 
issued by any Governor, Proprietor, or any Public Officer 
alone, or in Conjunction with any other Person or Persons, 
or with any Council, or any Council and Assembly, within 
the British Colonies and Plantation in America, a Stamp 
Duty of Six Pence. 

[28.] For every Skin on which shall be ingrossed any 
such Order or Warrant for surveying or setting out any 
Quantity of Land above One hundred, and not exceeding 
Two hundred Acres, within the said Colonies and Plantations, 
a Stamp Duty of One Shilling. 

[29.] For every Skin ... on which shall be in- 



THE STAMP ACT. 7 

grossed any such Order or Warrant for surveying or setting 
out any Quantity of Land above Two hundred, and not ex- 
ceeding Three hundred and twenty Acres, and in Proportion 
for every such Order or Warrant for surveying or setting out 
every other Three hundred and twenty Acres, within the said 
Colonies and Plantations, a Stamp Duty of One Shilling and 
Six Pence. 

[30.] For every Skin on which shall be ingrossed any 
Original Grant, or any Deed, Mesne Conveyance, or other 
Instrument whatsoever, by which any Quantity of Land, not 
exceeding One hundred Acres, shall be granted, conveyed, or 
assigned, within the British Colonies and Plantations upon 
the Continent of America, the Islands belonging thereto, and 
the Bermuda and Bahama islands (except Leases for any 
Term not exceeding the Term of Twenty one Years) a Stamp 
Duty of One Shilling and Six Pence. 

[31.] For every Skin on which shall be ingrossed any 
such Original Grant ... by which any Quantity ot 
Land above One hundred, and not exceeding Two hundred 
Acres, shall be granted . . . within such Colonies, 
Plantations, and Islands, a Stamp Duty of Two Shillings. 

[32.] For every Skin ... on which shall be in- 
grossed . . . any such Original Grant . . . what- 
soever, by which any Quantity of Land above Two hundred, 
and not exceeding Three hundred and twenty Acres, shall be 
granted . . . and in Proportion for every such grant 
. granting . . . every other Three hundred and 
twenty Acres, wiihin such Colonies, Plantations, and Islands, 
a Stamp Duty of Two Shillings and Six Pence. 

\j,2»-\ For every Skin ... on which shall be en- 
grossed . . . any such Original Grant . '. . by 
which any Quantity of Land, not exceeding One hundred 
Acres, shall be granted . . . within all other Parts of 
the British Dominions in America, a Stamp Duty of Three 
Shillings. 

[34.] For every Skin ... on which shall be in- 
grossed any such Original Grant ... by which any 
Quantity of Land above One hundred, and not exceeding 
Two hundred Acres, shall be granted within the same Parts 
of the same Dominions, a Stamp Duty of Four Shillings. 



8 THE STAMP ACT. 

[35.] For every Skin ... on which shall be in- 
grossed . . . any such Original Grant ... by 
which any Quantity of Land above Two hundred, and not 
exceeding Three hundred and twenty Acres, shall be granted 
and in Proportion for every such Grant . . . grant- 
incr . . . every other Three hundred and twenty Acres, 
within the same Parts of said Dominions, a Stamp Duty of 
Five Shillings. 

[36.] For every Skin ... on which shall be in- 
grossed . . . any Grant, Appointment, or Admission, 
of or to any publick beneficial Office or Employment, not 
herein before charged, above the Value of Twenty Pounds 
per Annum Sterling Money, in Salary, Fees, and Perquisites, 
or any ^Exemplification of the same, within the British Colo- 
nies and Plantations upon the Continent of America, the 
Islands belonging thereto, and the Bermuda and Bahama 
Islands (except Commission of Officers of the Army, Navy, 
Ordnance, or Militia, and of Justices of the Peace) a Stamp 
Duty of Four Pounds. 

[37.] For every Skin ... on which shall be in- 
grossed . . . any such grant . . . within all other 
Parts of the British Dominions in America, a Stamp Duty of 
Six Pounds. 

[38.] For every Skin . . . on which shall be in- 
grossed . . . any Indenture, Fease, Conveyance, Con- 
tract, Stipulation, Bill of Sale, Charter Party, Protest, Arti- 
cles of Apprenticeship or Covenant (except for the Hire of 
Servants not Apprentices, and also except such other Matters 
as herein before charged), within the British Colonies and 
Plantations in America, a Stamp Duty of Two Shillings and 
Six Pence. 

[39.] For every ^ Skin ... on which any Warrant 
or Order for auditing any Public Accounts, Beneficial War- 
rant, Order, Grant, or Certificate, under any public Seal, or 
under the Seal or Sign Manual of any Governor, Proprietor, 
or public Officer alone, or in Conjunction with any other 
Person or Persons, or with any Council, or any Council and 
Assembly, not herein before charged, or any Passport or Let- 
pass, Surrender of Office or Policy of Assurance, shall be in- 
grossed . . . within the said Colonies and Plantations 



THE STAMP ACT. 9 

(except .Warrants or Orders for the Service of the Navy, 
Army, Ordnance, or Militia, and Grants of Offices under 
Twenty Pounds/<!7-.^;/;^//w, in Salary, Fees, and Perquisites) a 
Stamp Duty of Five Shillings. 

[40.] For every Skin ... on which shall be in- 
grossed . . . any Notarial Act, Bond, Deed, Letter of 
Attorney, Procuration, Mortgage, Release, or other Obliga- 
tory Instrument, not herein before charged, within the said 
Colonies and Plantations, a Stamp Duty of Two Shillings and 
Three Pence. 

[41.] For every Skin ... on which shall be in- 
grossed . . . any Register, Entry, or Inrollment of any 
Grant, Deed, or other Instrument whatsoever herein before 
charged, within the said Colonies and Plantations, a Stamp 
Duty of Three Pence. 

[42.] For every Skin ... on which shall be in- 
grossed . . . any Register, . . . not herein before 
charged, within the said Colonies and Plantations, a Stamp 
Duty of Two Shillings. 

[43.] And for and upon every Pack of Playing Cards, and 
all Dice, which shall be sold or used within the said Colonies 
and Plantations, the several Stamp Duties following (that is 
to say : ) 

[44.] For every Pack of such Cards the sum of One 
Shilling. ^ 

[45.] And for every Pair of such Dice, the sum of Ten 
Shillings. 

[46.] And for and upon every Paper called a Pamphlet, 
and upon every News Paper, containing public News, Intel- 
ligence, or Occurrences, which shall be printed, dispersed, 
and made pubb'c, within any of the said Colonies and Plan- 
tations, and for and upon such advertisements as are herein 
after mentioned, the respective Duties following (that is to 
say): 

[47.] For every such Pamphlet and Paper contained in 
Half a Sheet, or any lesser Piece of Paper, which shall be so 
printed, a Stamp Duty of One Half-penny for every printed 
Copy thereof. 

[48.] For every such Pamphlet and Paper (being larger 
than Half a Sheet, and not exceeding One whole Sheet) which 



lo THE STAMP ACT. 

shall be so printed, a Stamp Duty of One Penny for every 
printed Copy thereof. 

[49.] For every Pamphlet and Paper, being larger than 
One whole Sheet, and not exceeding Six Sheets in Octavo, or 
in a lesser Page, or not exceeding Twelve Sheets in Quarto, or 
Twenty Sheets in Folio, which shall be so printed, a Duty 
after the Rate of One Shilling for every Sheet of any Kind of 
Paper which shall be contained in One printed Copy thereof. 

[50] For every advertisement to be contained in any 
Gazette, News Pai)er, or other Paper, or any Pamphlet whicli 
shall be so printed, a Duty of Two Shillings. 

[51.] For every Almanac, or Calender, for any One par- 
ticular Year, or for any Time less than a Year, which shall be 
written or printed on One Side only of any One Sheet, Skin, 
or Piece of Paper, Parchment, or Vellum, within the said 
Colonies and Plantations, a Stamp Duty of Two Pence. 

[52.] For every other Almanac or Calendar, for any One 
particular Year, which shall be written or printed within the 
said Colonies and Plantations, a Stamp Duty of Four Pence. 

[53 ] And for every Almanac or Calendar, written or 
printed m the said Colonies and Plantations, to serve for sev- 
eral Years, Duties to the same amount respectively shall be 
paid for every such Year. 

[54 ] For every Skin ... on which any Instru- 
ment, Proceeding or other Matter or Thing aforesaid, shall 
be ingrossed . . . within the said Colonies and Planta- 
tions, in any other than the English language, a Stamp Duty 
of Double the Amount of the respective Duties before charged 
thereon. 

[55.] And there shall be also paid in the said Colonies 
and Plantations, a Duty of Six Pence for every Twenty Shil- 
lings, in any sum not exceeding Fifty Pounds Sterling Money, 
which shall be given, paid, contracted, or agreed, lor, with, 
or in relation to, any Clerk or Apprentice, which shall be put 
or placed to or with any Master or Mistress, to learn any 
Profession, Trade, or Employment. 

[56.] And also a Duty of One Shilling for every Twenty 
Shillings, in any Sum exceeding Fifty^ Pounds, which shall 
be given, paid, contracted, or agreed, for, with, or in relation 
to, any such Clerk or Apprentice. 



THE STAMP ACT. ii 

[57.] And be it further enacted by the Authority afore- 
said, That every Deed, Instrument, Note, Memorandum, 
Letter, or other Minument or Writing, for or relating to the 
Payment of any Sum of Money, or for making any vakiable 
Consideration for or upon the Loss of any Ship, Vessel, 
Goods, Wages, Money, Effects, or upon any Loss by Fire, or 
for any other Loss whatsoever, or for or upon any Life or 
Lives, shall be gonstrued, deemed, and adjudged to be Poli- 
cies of Assurance within the Meaning of this Act : And if 
any such Deed, . . . for insuring, or tending to insure, 
any more than One Ship or Vessel for more than any One 
Voyage, or any Goods ... or other Matter or Thing 
whatsoever, for more than One Voyage, or in more than 
One Ship or Vessel, or being the Property of, or belonging 
to, any more than One Person, or any particular Number 
of Persons in General Partnership, or any more than One 
Body Politick or Corporate, or for more than One Risque ; 
then, in every such Case, the Money insured thereon, or the. 
valuable Consideration thereby agreed to be made, shall be- 
come the absolute Property of the Insured, and the Insurer 
shall also forfeit any Premium given for such Insurance, to- 
gether with the Sum of One hundred Pounds. 

[58.] And be it further enacted . . . That every 
Deed . . . between the Captain or Master or Owner 
of any Ship or Vessel, and any Merchant, Trader, or other 
Person, in respect to the Freight or Conveyance of any 
Money, Goods, Wares, Merchandizes, or Effects, laden or to 
be laden on Board of any such Ship or Vessel, shall be deemed 
and adjudged to be a Charter Party within the Meaning of 
this Act. 

[59.] And be it further enacted . . ., That all Books 
and Pamphlets serving chiefly for the Purpose of an Alma- 
nack, by whatsoever Name or Names intituled or described, 
are and shall be charged with the Duty imposed by this Act 
on Almanacks, but not with any of the Duties charged by 
this Act on Pamphlets, or other printed Papers ; anything 
herein contained to the contrary notwithstanding. 

[60.] Provided always, That this Act shall not extend to 
charge any Bills of Exchange, Accompts, Bills of Parcels, 
Bills of Fees, or any Bills or Notes not Sealed for Pa\ ment of 



12 THE STAMP ACT. 

Money at Sight, or upon Demand, or at the End of certain 
Da} s of Payment. 

[6 1.] Provided, That nothing in this Act contained shall 
extend to charge the Probate of any Will or Letters of Admin- 
istration to the Effects of any Common Seaman or Soldier, 
who shall die in His Majesty's Service ; a Certificate being 
produced from the Commanding Officer of the Ship or Ves- 
sel, or Troop or Company, in which such Seaman or Soldier 
served at the Time of his Death, and Oath, or if by a Quaker 
a Solemn Affirmation, made of the Truth thereof, before the 
proper Judge or Officer by whom such Probate or Adminis- 
tration ought to be granted ; which Oath or Affirmation such 
Judge or Officer is hereby authorized and required to admin- 
ister, and for which no Fee or Reward shall be taken. 

[62.] Provided ahvays, and be it enacted, That until after 
the Expiration of Five Years from the Commencement of the 
said Duties, no Skin ... on which any Instrument 
shall be ingrossed . . ., within the Colonies 
of Quebec or G?'anada, in any other than the English Lan- 
guage, shall be liable to be charged with any higher Stamp 
Duty than if the same had been ingrossed ... in the 
Efiglisli Language. 

[63.] Provided always. That nothing in this Act contained 
shall extend to charge with any Duty, any Deed, or other 
Instrument, which shall be made between any Indian Nation 
and the Governor, Proprietor of any Colony, Lieutenant 
Governor, or Commander in chief, alone, or in Conjunction 
with any other Person or Persons, or with any Council, or 
any Council and Assembly of any of the said Colonies or Plan- 
tations, for or relating to the granting, surrendering, or con- 
veying, any Lands belonging to such Nation, to, for, or on 
behalf of His Majesty, or any such Proprietor, or to any 
Colony or Plantation. 

[64.] Provided always. That this Act shall not extend to 
charge any Proclamation, Forms of Prayer and Thanksgiving, 
■or any printed Votes of any House of Assembly in any of the 
said Colonies and Plantations, with any of the said Duties on 
Pamphlets or News Papers ; or to charge any Books com- 
monly used in any of the Schools within the said Colonies 
.and Plantations, or any books containing only Matters of 



THE STAMP ACT. 13 

Devotion or Piety ; or to charge any single Advertisement 
printed by itself, or the daily Accounts or Bills of Goods im- 
ported and exported, so as such Accounts or Bills do contain 
no other Matters than what have been usually comprised 
therein ; any thing herein contained to the contrary notwith- 
standing. 

[65.] Provided always, That nothing in this Act contained 
shall extend to charge with the said Duties any Vellum 
on which shall only be engrossed . . . any Cer- 
tificate that shall be necessary to intitle any Person to receive 
a Bounty granted by Act of Parliament. 

[66.] And be it further enacted, . . . That the said 
several Duties shall be under the Management of the Commis- 
sioners, for the time being, of the Duties charged on Stamped 
Vellum, Parchment, and Paper, in G?'eat Britain : And the 
said Commissioners are hereby impowered and required to 
employ such Officers under them, for that Purpose, as they 
shall think proper ; and to use such Stamps and Marks, to de- 
note the Stamp Duties hereby charged, as they shall think 
fit ; and to repair, renew, or alter the same, from time to 
time, as there shall be Occasion ; and to do all other Acts, 
Matters, and Things, necessary to be done, for putting this Act 
in Execution with relation to the Duties hereby charged. 

[67.] And be it further enacted . . . That the Com- 
missions for managing the said Duties for the time being, 
shall and may appoint a fit Person or Persons to attend in 
every Court or Publick Office within the said Colonies and 
Plantations, to take notice of the Vellum, Parchment, or 
Paper, upon which any of the Matters or Things hereby 
charged with a Duty shall be ingrossed, written, or printed, 
and of the Stamps or Marks thereupon, and of all other Mat- 
ters and Things tending to secure the said Duties; and that 
the Judges in the several Courts, and all other Persons to 
whom it may appertain, shall, at the Request of any such 
Officer, make such Orders, and do such other Matters and 
Things, for the better securing of the said Duties, as shall be 
lawfully or reasonably desired in that Behalf: And every 
Commissioner and other Officer, before he proceeds to the 
Execution of any Part of this Act, shall take an Oath in the 
Words, or to the Effect following (that is to say) 



14 THE STAMP ACT. 

I A. B. do S7vear, That I will faitlifully execute the T?'usf 
reposed in me, pursuant to an Act of Farlia7nent made in the 
Fifth Year of the Reig7i of His Alafesty King George the Third, 
For granting certain Stamp Duties, and other Duties, in the 
British Colonies and Plantations in America, without Fraud 
or Concealment ; and will from time to time true Account 7?iake 
of my Doing therein, and deliver the same to such Person or 
Persons as His Afafesty, His Heirs, or Successors, shall appoint 
to receive such Account, and will take no Fee, Reward, or 
Profit, for the Execution or Pejformafice of the said Trust, 
or the Business relating thereto, from any Person or Persons, 
other than siich as shall be allowed by His Alafesty, His Heirs, 
and Successors, or by some other Person or Persons under him 
or thefn to that Purpose authorized. 

Or if any such Officers shall be of the People commonly 
called Quakers he shall take a Solemn Affirmation to the 
Effect of the said Oath ; which Oath or Affirmation shall and 
may be administered to any such Commissioner or Commission- 
ers by any Two or more of the same Commissioners, whether 
they have or have not previously taken the same : And any 
of the said Commissioners, or any Justice of the Peace, within 
the Kingdom of Great Britain, or any Governor, Lieutenant 
Governor, Judge, or other Magistrate, within the said Colo- 
nies or Plantations, shall and may administer such Oath or 
Affirmations to any subordinate Officer. 

[68.] And be it further enacted . . . That the said 
Commissioners, and all Officers to be employed or entrusted 
by or under them as aforesaid, shall, from time to time, in 
and for the better Execution of their several Places and Trusts, 
observe such Rules, Methods, and Orders, as they respec- 
tively shall, from time to time, receive from the High Treas- 
urer of Great Britain, or the Commissioners of the Treasury-, 
or any Three or more of such Commissoners for the time be- 
ing ; and that the said Commissioners for managing the Stamp 
Duties shall take especial Care, that the several Colonies and 
Plantations shall, from time to time, be sufficiently furnished 
with Vellum, Parchment, and Paper, stamped or marked with 
the said respective Duties. 

[69.] And be it further enacted . . . That if any 
Person or Persons shall sign, ingross, write, print, or sell, or 



THE STAMP ACT. 15 

expose to Sale, in any of the said Colonies or Plantations, or 
in any other Part of His Majesty's Dominions, any Matter 
or Thing, for which the Vellum ... is hereby charged 
to pay any Duty, before the same shall be marked or stamped 
with the Marks or Stamps to be provided as aforesaid, or 
upon which there shall not be some Stamp or Mark resembling 
the same; or shall sign, ingross, . . . any Matter or 
Thing upon any A^ellum . . . that shall be marked or 
stamped for any lower Duty than the Duty by this Act made 
payable in respect thereof; every such Person so offending 
shall, for every such Offence, forfeit the Sum of Ten Pounds. 

[70.] And be it further enacted . , . That no Mat- 
ter or Thing whatsoever, by this Act charged with the Pay- 
ment of a Duty, shall be pleaded or given in Evidence, or 
admitted in any Court within the said Colonies and Planta- 
tions, to be good, useful, or available in Law or Equity, 
unless the same shall be marked or stamped, in pursuance ot 
this Act, with the respective Duty hereby charged thereon, or 
with an higher Duty. 

[71] Provided nevertheless, and be it further enacted 
That if any Vellum, . . . containing any 
Deed, Instrument, or other Matter or Thing, shall not be 
duly stamped in pursuance of this Act, at the time of the 
Signing, Sealing, or other Execution, or the Entry or Inroll- 
ment thereof, any Person interested therein, or any Person 
on his or her Behalf, upon producing the same to any One 
of the Chief Distributors of stampt Vellum, Parchment, and 
J^aper, and paying to him the Sum of Ten Pounds for every 
such Deed, Instrument, Matter, or Thing, and also Double 
the Amount of the Duties payable in respect thereof, shall be 
intitled to receive from such Distributor, Vellum, Parchment, 
or Paper, stamped pursuant to this Act, to the Amount of the 
Money so paid ; a certificate being first written upon every 
such Piece of Vellum . . . expressing the Name and 
Place of Abode of the Person by or on whose Behalf such 
Payment is made, the general Purport of such Deed, 
the Names of the Parties therein, and of the Witnesses (if 
any) thereto, and the Date thereof, which Certificate shall be 
signed by the said Distributor ; and the Vellum . 
shall be annexed to such Deed, . . . by or in the 



1 6 THE STAMP ACT. 

Presence of such Distributor, who shall impress a Seal upon 
wax, to be affixed on the Part when such Annexation shall 
be made, in the Presence of a Magistrate, who shall attest 
such Signature and Sealing ; and the Deed, . . . from 
thenceforth shall and may, with the Vellum ... so 
annexed, be admitted and allowed in Evidence in any Court 
whatsoever, and shall be as valid and effectual as if the 
proper stamps had been impressed thereon at the Time of the 
Signing . . . thereof; And the said Distributor shall. 
Once in every Six Months, or oftener if required by the 
Commissioners for managing the Stamp Duties, send to such 
Commissioner true Copies of all such Certificates, and an Ac- 
count of the Number of Pieces of Vellum ... so 
annexed, and of the respective Duties impressed upon every 
such Piece. 

[72.] And be it further enacted . . . That if any 
Person shall forge, counterfeit, erase, or alter, any such Cer- 
tificate, every such Person so offending shall be guilty of 
Felony, and shall suffer Death as in Cases of Felony without 
the Benefit of Clergy. 

[73.] And be it further enacted . . . That if any 
Person or Persons shall, in the said Colonies or Plantations, 
or in any other Part of His Majesty's Dominions, counterfeit 
or forge any Seal, Stamp, Mark, Type, Device, or Label, to 
resemble any Seal, . . ., which shall be provided or 
made in pursuance of this Act ; or shall counterfeit or resem- 
ble the Impression of the same upon any Vellum . . . 
thereby to evade the Payment of any Duty hereby granted ; 
or shall make, sign, print, utter, vend, or sell, any Vellum 
. . . with such counterfeit Mark or Impression thereon, 
knowing such Mark or Impression to be counterfeited ; then 
every Person so offending shall be adjudged a Felon, and 
shall suffer Death as in Cases of Felony without the Benefit of 
Clergy. 

[74.] And it is hereby declared, That upon any Prose- 
cution or Prosecutions for such Felony, the Dye, Tool, or 
other Instrument made use of in counterfeiting or forging any 
such Seal, Stamp, Mark, Type, Device, or Label, together 
with the Vellum . . . having such counterfeit Impres- 
sion, shall, immediately after the Trial or Conviction of the 



THE STAMP ACT. 17 

Party or Parties accused, be broke, defaced, or destroyed, in 
open Court. 

[75.] A be it further enacted . . . That if any Reg- 
ister, Publick Officer, Clerk, or other Person in any Court, 
Registry, or Office within any of the said Colonies . . ., 
shall, at any Time after the said First Da)' of Noveinbe?-, One 
thousand seven hundred and sixty five, enter, register, or 
inroll any Matter or Thing hereby charged with a Stamp 
Duty, unless the sum shall appear to be duly stamped ; in 
every such Case such Register, Publick Officer, Clerk, or 
other Person, shall, for every such Offence forfeit the Sum of 
Twenty Pounds. 

[76.] And be it further enacted . . . That from and 
after the said First Day of NoTft/idcr One thousand seven 
hundred and sixty five, if any Counsellor, Clerk, Officer, 
Attorney, or other Person, to whom it shall appertain, or 
who shall be employed or intrusted, in the said Colonies 
to enter or file any Matter or Thing in respect 
whereof any Duty shall be payable by virtue of this Act. shall 
neglect to enter, file or record the same, as by Law the same 
ought to be entered, filed, or recorded, within the Space of 
Four Months after he shall have received any Money for or 
in respect of the same, or shall have promised or undertaken 
so to do ; or shall neglect to enter, file, or record, any such 
Matter or Thing, before any subsequent, further, or other 
Proceedings, Matter or Thing, in the Same Suit, shall be 
had, entered, filed, or recorded ; that then every such Coun- 
sellor, Clerk, Officer, Attorney, or other Person so neglecting 
or offending, in each of the Cases aforesaid, shall forfeit the 
Sum of Fifty Pounds for every such Offence. 

[77.] And be it further enacted, . . . That if any 
Person or Persons, at any Time after the said First Day of 
November One thousand seven hundred and sixty five, shall 
write, ingross, or print, or cause to be written, ingrossed, or 
printed, in the said Colonies ... or in any other Part 
of His said Majesty's Dominions, either the whole or any 
Part of any Matter or Thing whatsoever in respect whereof 
any Duty is payable by this Act, upon any Part of any Piece 
of Vellum . . . whereon there shall have been before 
written any other Matter or Thing in respect whereof any 



1 8 THE STAMP ACT. 

Duty was payable by this Act ; or shall fraudulently erase, or 
cause to be erased, the Name or Names of any Person or Per- 
sons, or any Sum, Date, or other Thing, ingrossed, written, 
or printed, in such Matter or Thing as aforesaid ; or fraudu- 
lently cut, tear, or get off, any Mark or Stamp from any Piece 
of Vellum, Parchment, or Paper, or any Part thereof, with 
Intent to use such Stamp or Mark for any other Matter or 
Thing in respect whereof any Duty shall be payable by virtue 
of this Act ; that then, and so often, and in every such Case, 
every Person so offending shall, for every such Offence, for- 
feit the Sum of Fifty Pounds. 

[78.] And be it further enacted . . . That every 
Matter and Thing, in respect whereof any Duty shall be pay- 
able in pursuance of this Act, shall be ingrossed ... in 
such Manner, that some Part thereof Shall be either upon, or 
as near as conveniently may be to, the Stamps or Marks de- 
noting the Duty ; upon Pain that the Person who shall ingross 
or cause to be ingrossed . . . any such Matter 
or Thing in any other Manner, shall, for every such Offence, 
forfeit the Sum of Five Pounds. 

[79.] And be it further enacted . . . That every 
Officer of each Court, and every Justice of the Peace or other 
Person within the said Colonies . . ., who shall issue 
any Writ or Process upon which a Duty is by this Act pay- 
able, shall, at the issuing thereof, set down upon such Writ or 
Process the Day and Year of his issuing the same, which shall 
be entered upon a Remembrance, or in a. Book to be kept for 
that Purpose, setting forth the Abstract of such Writ or Pro- 
cess ; upon Pain to forfeit the Sum of Ten Pounds for every 
such Offence. 

[80.] And, for the better collecting and securing the 
Duties hereby charged on Pamphlets containing more than 
One Sheet of Paper as aforesaid, be it further enacted . . ., 
That from and after the said First Day of November, One 
thousand seven hundred and sixty five. One printed Copy of 
every Pamphlet which shall be printed or published w^ithin 
any of the said colonies . . ., shall, within the space 
of Fourteen Days after the printing thereof, be brought to 
the Chief Distributor in the Colony . . . where such 
Pamphlet shall be printed, and the Title thereof, with the 



THE STAMP ACT 19 

Number of the sheets contained therein, and the Duty hereby 
charged thereon, shall be registered or entered in a Book to 
be kept for that Purpose ; which Duty shall be thereupon paid 
to the proper Officer or Officers appointed to receive the 
same, or his or their Deputy or Clerk, who shall thereupon 
forthwith give a Receipt for the same on such printed Copy, 
to denote the Payment of the Duty hereby charged on such 
Pamphlets; and if any such Pamphlets shall be printed or 
published, and the Duty hereby charged thereon shall not be 
duly paid, and the Title and Number of Sheets shall not be 
registered, and a Receipt for such Duty given on One Copy, 
when required so to be, within the time herein before for that 
Purpose limited ; that then the Author, Printer, and Pub- 
lisher, and all other Persons concerned in or about the print- 
ing or publishing of such Pamphlets, shall, for every such 
Offence," forfeit the Sum of Ten Pounds, and shall lose all 
Property therein, and in every other Copy thereof, so as any 
Person may freely print and publish the same, paying the 
Duty payable in respect thereof by virtue of this Act, without 
being liable to any Action, Prosecution, or Penalty for so 
doing. 

[81.] And it is hereby further enacted . . . That 
no Person whatsoever shall sell or expose for Sale any such 
Pamphlet, or any News Paper, without the true respective 
Name or Names, and Place or Places of Abode, of some known 
Person or Persons by or for whom the same was really and 
truly printed or published ; upon Pain that every Person 
offending therein shall, for every such Offence, forfeit the 
Sum of Twenty Pounds. 

[82.] And be it further enacted . . . That no officer 
appointed for distributing stamped Vellum ... in the 
said Colonies . . . shall sell or deliver any stamped Paper 
for printing any Pamphlet, or any publick News, Intelligence, 
or Occurrences, to be contained in One Sheet, or any lesser 
Piece of Paper, unless such Person shall give Security to the 
said Officer, for the Payment of the Duties for the Advertise- 
ments which shall be printed therein or thereupon. 

[83.] And whereas it may be uncertain how many printed 
Copies of the said printed News Papers or Pamphlets, to be 
contained in one Sheet, or in a lesser Piece of Paper, may be 



20 THE STAMP ACT. 

sold ; and to the Intent the Duties hereby granted thereupon 
may not be lessened by printing a less Number than may be 
sold, out of a Fear of a T>oss thereby in printing more such 
copies than will be sold ; it is hereby provided, and be it fur- 
ther enacted . . . That the proper Officer or Officers 
appointed for managing the said Stamp Duties, shall and may 
cancel, or cause to be cancelled, all the Stamps upon the 
copies of any Impression of any News Paper or Pamphlet 
contained in One Sheet, or any lesser Piece of Paper, which 
shall really and truly remain unsold, and of which no Profit 
or Advantage has been made; and upon Oath, or if by a 
Quaker, upon Solemn Affirmation, made before a Justice of 
the Peace, or other proper Magistrate, that all such Copies^ 
containing the Stamps so tendered to be cancelled, are really 
and truly remaining unsold, and that none of the said Copies 
have been fraudulently returned or rebought, or any -Profit or 
Advantage iiiade thereon ; which Oath or Affirmation such 
Magistrate is hereby authorized to administer, and to examine 
upon Oath or Affirmation into all Circumstances relating to 
the selling or disposing of such printed Copies, shall and may 
deliver, or cause to be delivered, the like Number of other 
Sheets, Half Sheets, or less Pieces of Paper, properly stamped 
with the same respective Stamps, upon Payment made for 
such Paper, bat no Duty shall be taken for the Stamps 
thereon ; any thing herein contained to the contrary not- 
withstanding ; And the said Commissioners for managing 
the Stamp Duties for the time being are hereby impowered^ 
from time to time, to make such Rules and Orders for regu- 
lating the Methods, and limiting the Times, for such cancel- 
ling and Allowance as aforesaid, with respect to such News 
Papers and Pamphlets, as they shall, upon Experience and 
Consideration of the several Circumstances, find necessary or 
convenient, for the effectual' securing the Duties thereon, and 
doing justice to the Persons concerned in the printing and 
publishing theieof. 

[84.] Provided always, and be it further enacted . 
That any Officer or Officers emplo)ed by the said Commis- 
tioners for managing the Stamp Duties, shall and may deliver 
so any Person, by or for whom any Almanack or Almanacks 
shall have been printed, Paper marked or stamped according 



THE STAMP ACT. ii 

to the true Intent and Meaning hereof, for the Printing such 
Ahiianack or Ahiianacks, upon his or her giving sufficient 
Security to pay the Amount of the Duty hereby charged 
thereon, within the space of Three Months after such De- 
livery ; and that the said Ol^cer or Officers, upon bringing to 
him or. them any Number of the Copies of such Ahiianacks, 
within the Space of Three Months from the said Delivery 
and Request to hiiii or them in that Behalf made, shall cancel 
all the Stamps upon such Copies, and abate to every such 
Person so much of the Money due upon such Security as such 
cancelled Stamps shall amount to. 

[85.] Provided always, That where any Almanack shall 
contain more than One Sheet of Paper, it shall be sufficient to 
stamp only One of the Sheets or Pieces of Paper upon which 
such Almanack shall be printed, and to pay the Duty ac- 
cordingly. 

[86.] And it is hereby further enacted by the Authority 
aforesaid, That from and after the said First Day of Novem- 
ber, One thousand seven hundred and sixty-five, in case any 
Person or Persons, within any of the said Colonies or Planta- 
tions, shall sell, hawk, carry about, utter, or expose to Sale, 
any Almanack, or Calendar, or any News Paper, or any Book, 
Pamphlet, or Paper, deemed or construed to be, or serving 
the Purpose of, an Almanack or News Paper, within the In- 
tention and Meaning of this Act, not being stamped or 
marked as by this Act is directed ; every such Person shall, 
for every such Offence, forfeit the Sum of Forty Shillings. 

[87.] And be it further enacted . . . That from and 
after the said First Day of November, One thousand seven 
hundred and sixty-five, the full Sum or Sums of Money, or 
other valuable Consideration received, or in any wise directly 
or indirectly given, paid, agreed, or contracted, for, with, or 
in relation to any Clerk or Apprentice, within any of the 
said Colonies or Plantations, shall be truly inserted, or written 
in Words at Length, in some Indenture or other Writing 
which shall contain the Covenants, Articles, Contracts, or 
Agreements, relating to the Service of such Clerk or Appren- 
tice ; and shall bear Date upon the Day of the signing, seal- 
ing, or other Execution of the same, upon Pain that every 
Master or Mistress to or with whom, or to whose Use, any 



22 THE STAMP ACT. 

Sum of Money, or other valuable Consideration whatsoever, 
shall be given, paid, secured, or contracted, for or in respect 
of any such Clerk or Apprentice, which shall not be truly and 
fully so inserted and specified in some such Indenture, or 
other Writing, shall, for every such Offence forfeit Double 
the Sum, or Double the Amount of any other valuable Con- 
sideration so given, paid, agreed, secured, or contracted for; 
to be sued for and recovered at any Time, during the Term 
specified in the Indenture or Writing for the Service of such 
Clerk or Apprentice, or within One Year after the Determina- 
tion thereof; and that all such Indentures, or other Writings, 
shall be brought, within the Space of Three Months, to the 
proper Officer or Officers, appointed by the said Commis- 
sioners for collecting the said Duties within the respective 
Colony or Plantation ; and the Duty hereby charged for the 
Sums, or other valuable Consideration inserted therein, shall 
be paid by the Master or Mistress of such Clerk or Apprentice 
to the said Officer or Officers, who shall give Receipts for such 
Duty on the Back of such Indentures or other Writings; and 
in case the Duty shall not be paid within the Time before 
limited, such Master or Mistress shall forfeit Double the 
Amount of such Duty. 

[88.] And be it further enacted . . . That all In- 
dentures or Writings within the said Colonies and Plantations, 
relating to the Service of Clerks or Apprentices, wherein 
shall not be truly inserted or written the full Sum or Sums of 
Money, or other valuable Consideration, received, or in any 
wise directly or indirectly given, paid, agreed, secured, or 
contracted, for, with, or in relation to any such Clerk or Ap- 
prentice, and a Receipt given for the same by the Officer or 
Officers aforesaid, or whereupon the Duties payable by this 
Act shall not be duly paid or lawfully tendered, according to 
the Tenor and true meaning of this Act, within the Time 
herein for that Purpose limited, shall be void and not 
available in any Court or Place, or to any Purpose what- 
soever. 

[89.] And be it further enacted by the Authority afore- 
said, That if any Master or Mistress of any Clerk or Appren- 
tice shall neglect to pay the said Duty, within the Time herein 
before limited, and any such Clerk or Apprentice shall in 



THE STAMP ACT. 23 

that case pay, or cause to be paid, to the Amount of Double 
the said Duty, either during the Term of such Clerkship or 
Apprenticeship, or within One Year after the Determination 
thereof, such Master or Mistress not having then paid the 
said Double Duty although required by such Clerk or Appren- 
tice so to do ; then, and in such Case, it shall and may be 
lawful, to and for any such Clerk or Apprentice, within Three 
Months after such Payment of the said Double Duty, to de- 
mand of such Master or Mistress, or his or her Executors or 
Administrators, such Sum or Sums of Money, or valuable 
Consideration as was or were paid to such Master or Mistress, 
for or in respect of such Clerkship or Apprenticeship ; and in 
case such Sum or Sums of Money, or valuable Consideration, 
shall not be paid within Three Months after such Demand 
thereof made, it shall and may be lawful to and for any such 
Clerk or Apprentice, or any other Person or Persons on his 
or her Behalf, to sue for and recover the same, in such Man- 
ner as any Penalty hereby inflicted may be sued for and re- 
covered ; and such Clerks and Apprentices shall immediately 
after payment of such Double Duty, be and are hereby dis- 
charged from their Clerkships or Apprenticeships, and from 
all Actions, Penalties, Forfeitures, and Damages, for not 
serving the Time for which they were respectively bound, 
contracted for, or agreed to serve, and shall have such and 
the same Benefit and Advantage of the Time they shall re- 
spectively have continued with and served such Master or 
Mistress, as they would have been intitled to in case such 
Duty had been paid by such Master or Mistress, within the 
Time herein before limited for that Purpose. 

[90. J And be it further enacted . . . That al! 
printed Indentures or Contracts for binding Clerks or Ai -- 
prentices, after the said First Vide-)- oi November, One thousar.d 
seven hundred and sixty-five, within the said Colonies and 
Plantations, shall have the following Notice or Memorandum 
printed under the same, or added thereto, videlicet, 

The Indenture must bear Date the Day it is executed, and 
the Money or other Thing, given or contracted for xdth the 
Clerk or Apprentice, must be inserted in Words at Length, 
and the Duty paid, and a Receipt given on the Back of the In- 
denture, by the Distributor of Stamps, or his Substitute, within 



24 THE STAMP ACT. 

Three Months after the Execution of such Indenture, under 
the Penalties inflicted by Law. 

And if any Printer, Stationer or other Person or Persons, 
within any of the said Colonies or Plantations, or any 
other Part of His Majesty's Dominions, shall sell, or cause to 
be sold, any such Indenture or Contract, without such Notice 
or Memorandum being printed under the same, or added 
thereto ; then, and in every such Case, such Printer, Stationer, 
or other Person or Persons, shall, for every such Offence, for- 
feit the Sum of Ten Pounds. 

[91.] And, for the better securing the said Duty on Play- 
ing Cards and Dice; be it further enacted . . . That 
from and after the said First Day of November, One thou- 
sand seven hundred and sixty-five, no Playing Cards or Dice 
shall be Sold, exposed to Sale, or used in Play, within the 
said Colonies or Plantations, unless the Paper and Thread 
inclosing, or which shall have inclosed, the same, shall be or 
shall have been respectively sealed and stamped, or marked, 
and unless One of the Cards of each Pack or Parcel of Cards, 
so sold, shall be also marked or stamped on the spotted or 
painted Side thereof with such Mark or Marks as shall have 
been provided in pursuance of this Act, upon Pain that every 
Person who shall sell, or expose to Sale, any such Cards or 
Dice which shall not have been so respectively sealed, marked, 
or stamped, as hereby, is respectivel) required, shall forfeit 
for every Pack or Parcel of Cards, and every One of such 
Dice so sold or exposed to Sale the Sum of Ten Pounds. 

[92.] And it is hereby enacted . . . lliat if any 
Person within the said Colonies . . . shall sell or buy 
any Cover or Label which has before been made use of for 
denoting the said Duty upon Cards, in order to be made use 
of for the inclosing any Pack or Parcel of Cards ; every Per- 
son so offending shall, for every such Offence, forfeit Twenty 
Pounds. 

[93.] Provided always, and be it enacted . . . That 
if either the Buyer or Seller of any such Cover or Label shall 
inform against the other Party concerned in buying or selling 
such Cover or Label, the Party so informing shall be admitted 
to give Evidence against the Party informed against, and 
shall be indemnified against the said Penalties. 



THE STAMP ACT. 25 

[94.] And be it further enacted . . . That jf any 
Person or Persons shall fraudulently inclose any Parcel or 
Pack of Pla) ing Cards in any Outside Paper so sealed and 
stamped as aforesaid, the same having been made use of for 
the Purpose aforesaid ; then, so often, and in every such 
Case, every Person so offending in any of the Particulars 
before-mentioned, shall, for every such Offence, forfeit the 
Sum of Twenty Pounds, 

[95.] And be it further enacted . . . That from 
and after said First Day of November, One thousand seven 
hundred and sixty five, every Clerk, Officer, and other Person 
employed or concerned in granting, making out, or deliver- 
ing Licences for retailing Spirituous Liquors or Wine within 
any of the said Colonies or Plantations, shall, and he is 
hereby required and directed, within Two Months after 
delivering any such Licences, to transmit to the Chief Dis- 
tributor of stamped Vellum, Parchment, and Paper, a true 
and exact List or Account of the Number of Licences so 
delivered, in which shall be inserted the Names of the Per- 
sons licensed, and the Places where they respectively reside; 
and if any such Clerk, Officer, or other Person, shall refuse 
or neglect to transmit any such List or Account \o such Dis- 
tributor, or shall transmit a false or untrue one, then, and in 
every such Case, such Clerk, Officer, or other Person, shall, 
for every such OfTence forfeit Fifty Pounds. 

[96,] And be it further enacted by the Authority afore- 
said. That Licences for selling or uttering by Retail Spiritu- 
ous Liquors or Wine within any of the said Colonies and 
Plantations, shall be in Force and serve for no longer than 
One Year from the Date of each Licence respectively. 

[97.] Provided nevertheless, and be it enacted . 
That if any Person licensed to sell Spirituous Liquors or 
Wine, shall die or remove from the House or Place wherein 
such Spirituous Liquors or Wine shall, by virtue of such 
Licence, be sold, it shall and may be lawful for the Ex- 
ecutors, Administrators, or Assigns, of such Person so dying 
or removing, who shall be possessed of such House or Place, 
or for any Occupier of such House or Place, to sell Spirituous 
Liquors or Wine therein during the Residue of the Term for 
which such Licence shall have been granted, without any 



26 THE STAMP ACT. 

new Licence to be had or obtained in that Behalf; any thing 
to the contrary hereof in any wise notwithstanding. 

[98.] And it is hereby enacted by the authority afore- 
said, That if any Person or Persons shall sell or utter by Re- 
tail, that is to say, in any less Quantity than One Gallon at 
One Time, any kind of Wine, or any Liquor called or re- 
puted Wine, or any kind of Spirituous Liquors, in the said 
Colonies or Plantations, without taking out such Licence 
yearly and every year, he, she, or they, so offending, shall, 
for every such Offence, forfeit the Sum of Twenty Pounds. 

[99.] And be it further enacted . . . That every Per- 
son who shall retail Spirituous Liquors or Wine in any Prison 
or House of Correction, or any Workhouse appointed or to be 
appointed for the Reception of Poor Persons within any of 
the said Colonies or Plantations, shall be deemed a Retailer 
of Spirituous Liquors or Wine within this Act. 

[100.] Provided always, and be it further enacted by the 
Authority aforesaid, l^hat, if at any Time after the said First 
Day of Novembe?-, One thousand seven hundred and sixty five^ 
there shall not be any Provision made for licensing the Re- 
tailers of Wine or Spirituous Liquors, within any of the said 
Colonies or Plantations; then, and in every such case, and 
during such Time as no Prohibition shall be made, such 
Licenses shall and may be granted for the Space of One 
Year, and renewed from time to time by the Governor or 
Commander in Chief of every such respective Colony or 
Plantation. 

[10 1.] And it is hereby further enacted by the Authority 
aforesaid. That every Person who shall at any One Time buy 
of any Chief Distributor within any of the said Colonies or 
Plantations, Vellum, Parchment, or Paper, the Duties where- 
of shall amount to Five Pounds Sterling Money of Great 
Britain, or upwards, shall be allowed after the Rate of Four 
Pounds per Centum, upon the prompt Payment of the said 
Duties to such Chief Distributor. 

[102.] And be it further enacted . . . That all Publick 
Clerks or Officers within the said Colonies or Plantations, 
who shall from time to time have in their Custody any Pub- 
lick Books, or other Matter or Things hereby charged with a 
Stamp Duty, shall, at any seasonable Time or Times, permit 



THE STAMP ACT. 27 

any Officer or Officers thereunto authorized by the said Com- 
missioners for managing the Stamp Duties, to inspect and 
view all such Publick Books, Matters, and Things, and to 
take thereout such Notes and Memorandums as shall be nec- 
essary for the Purpose of ascertaining or securing the said 
Duties, without Fee or Reward ; upon Pain that every such 
Clerk or other Officer who shall refuse or neglect so to do, 
Upon reasonable Request in that Behalf made, shall, for 
every such Refusal or Neglect, forfeit the Sum of Twenty 
Pounds. 

[103.] And be it further enacted . . . That the High 
Treasurer of Great Britain or the Commissioners of His Maj- 
esty's Treasury, or any Three or more of such Commissioners, 
for the time being, shall Once in every Year at least, set the 
Prices at which all Sorts of stamped Vellum, Parchment, and 
Paper, shall be sold by the said Commissioners for managing 
the Stamp Duties, and their Officers ; and that the said 
Commissioners for the said Duties shall cause such Prices to 
be marked upon every such Skin and Piece of Vellum and 
Parchment, and Sheet and Piece of Paper: And if any 
Officer or Distributor to be appointed by virtue of this Act, 
shall sell or cause to be sold, any Vellum, Parchment, or 
Paper, for a greater or higher Price or Sum, than the Price 
or Sum so set or affixed thereon ; every such Officer or Dis- 
tributor shall, for every such offence, forfeit the Sum of 
Twenty Pounds. 

[104.] And be it also enacted . . . That the several 
Officers who shall be respectively employed in the raising, re- 
ceiving, collecting, or paying, the several Duties hereby charged, 
within the said Colonies and Plantations, shall every Twelve 
Months, or oftener, if thereunto required by the said Com- 
missioners for managing the said Duties, exhibit his and 
their respective Account and Accounts of the said seveial 
Duties upon Oath, or if a Quaker upon Affirmation, in the 
Presence of the Governor, or Commander in Chief or prin- 
cipal Judge of the Colony or Plantation where such Officers 
shall be respectively resident, in such Manner as the High 
Treasurer, or the Commissioners of the Treasury, or any 
Three or more of such Commissioners for the time being, 
shall, from time to time, direct and appoint, in order that 



28 THE STAMP ACT. 

the same may be immediately afterwards transmitted by the 
said Officer or Officers to the Commissioners for managing 
the said Duties, to be comptrolled and audited according to 
the usual Course and Form of comptrolling and auditing the 
Accounts of the Stamp Duties arising within tliis Kingdom : 
And if any of the said Officers shall neglect or refuse to ex- 
hibit any such Account, or to verify the same upon Oath or 
Affirmation, or to transmit any such Account so verified to 
the Commissioners for managing the said Duties, in such 
Manner, and within such Time, as shall be so appointed or 
directed ; or shall neglect or refuse to pay, or cause to be 
paid, into the Hands of the Receiver General of the Stam^y 
Duties in Great Britain, or to such other Person or Persons 
as the High Treasurer, or Commissioners of the Treasury, or 
any Three or more of such Commissioners for ' the time be- 
ing, shall, from time to time, nominate or appoint, the 
Monies respectively raised, levied, and received, by such 
Officers under the authority of this Act, at such Times, and 
in such Manner, as they shall be respectively required by the 
said High Treasurer, or Commissioners of the Treasur}- : or 
if any such Officers shall divert, detain, or misapply, all or 
any Part of the said Monies so by them respectively raised^ 
levied, and received, or shall knowingly return any Person or 
Persons insuper for any Monies or other Things duly an- 
swered, paid or accounted for, by such Persqn or Persons, 
whereby he or they shall sustain any Damage or Prejudice ^ 
in every such Case, every such Officer shall be liable to pay 
Treble the Value of all and every Sum and Sums of Money 
so diveited or misapplied; and shall also be liable to pa}^ 
Treble Damages to the Party grieved, by returning him in- 
super. 

[105.] And be it further enacted . . . That the Commis- 
sioners, Receiver or Receivers General, or other Person or 
Persons, u'ho shall be respectively employed in Great Britain^. 
in the directing, receiving, or paying, the Monies arising by 
the Duties hereby granted, shall, and are hereby required^ 
between the Tenth Day of October and the Fifth Day of 
January following, and so from Year to Year, yearly, at 
those Times, to exhibit their respective Accounts thereof to 
His Majesty's Auditors of the Imprest in England iw \\\c: 



THE STAMP ACT. 29 

time being, or One of them, to be declared before the High 
Treasurer, or Commissioners of the Treasury, and Chancellor 
of the Exchequer for the time being, according to the Course 
of the Exchequer. 

[106] x\nd be it further enacted . . . That if thesaid 
Commissioners for managing the said Duties, or the said Re- 
ceiver or Receivers General, shall neglect or refuse to pay into 
the Exchequer all or any of the said Monies, in such Manner as 
they are required by this Act to pay the same, or shall divert 
or misapply any Part thereof; then they, and every one of 
them so offending, shall be liable to pay Double the Value of 
all and every Sum and Sums of Money so diverted or mis- 
applied. 

[107.] And be it further enacted, That the Comptroller or 
Comptrollers for the time being of the Duties hereby imposed, 
shall keep perfect and distinct Accounts in Books fairly 
written of all the Monies arising by the said Duties : and if 
any such Comptroller or Comptrollers shall neglect his or 
their Duty therein, then he or the\', for every such offence, 
shall forfeit the su.n of One hundred Pounds. 

[108.] And be it further enacted . . . That all the 
Monies which shall arise by the several Rates and Duties 
hereby granted (except the necessary Charges of raising, col- 
lecting, recovering, answering, paying, and accounting for 
the same, and the necessary Charges from time to time in- 
curred in relation to this Act, and the Execution thereof) 
shall be paid into the Receipt of His Majesty's Exchequer, 
and shall be entered separate and apart from all other Monies, 
and shall be then reserved to be from time to time disposed 
of by Parliament, towards further defraying the necessary 
expenses of defending, protecting, and securing, the said 
Colonies and Plantations. 

[109.] And whereas it is proper that some Provision 
should be made for Payment of the necessary Expences which 
have been, and shall be incurred in relation to this Act, and 
the Execution thereof, and of the Orders and Rules to be 
established under the Authority of the same, before the said 
Duties shall take Effect, or the Monies arising thereby shall be 
sufficient to discharge such Expences ; be it therefore enacted 
That His Majesty may, and He is hereby impowered 



30 THE STAMP ACT. 

by any Warrant or Warrants under His Royal Sign Manual, 
at any Time or Times before the Twentieth Day of Aprils 
One thousand seven hundred and sixty-six, to cause to be 
issued and paid out of any of the Surplusses, Excesses, Over- 
plus Monies, and other Revenues composing the Fund com- 
monly called The Sinking Fund (except such Monies of the 
said Sinking Fund as are appropriated to any particular Use 
or Uses, by any former Act or Acts of Parliament in that 
Behalf) such Sum and Sums of Money as shall be necessary to 
defray the said Expenses; and the Monies so issued, shall be 
reimbursed, by Payment into the Exchequer of the like Sum 
or Sums out of the First Monies which shall arise by virtue of 
this Act ; which Monies, upon the Payment thereof into the 
Exchequer, shall be carried to the Account, and made part of 
the said Fund. 

[no.] And it is hereby further enacted and declared, 
That all the Powers and Authorities by this Act granted to 
the Commissioners for managing the Duties upon stamped 
Vellum, Parchment, and Paper, shall and may be fully and 
effectually carried into execution by any Three or more of the 
said Commissioners: any thing herein before contained to 
the contrary notwithstanding. 

[in.] And be it further enacted . . . That all 
Forfeitures and Penalties incurred after the Twenty ninth 
Day of September One thousand seven hundred and sixty- five, 
for Offences committed against an Act passed in the Fourth 
Year of the R^ign of His present Majesty, intituled. An Act 
for granting certain Duties in the l^'Rivisn Colonies and Planta- 
tions in America ; for continuing, amending, and maki?tg per- 
petual, an Act passed in the Sixth Year of the Reign of His late 
Majesty, King George the Second, intituled, An Act for the 

BETTER SECURING AND ENCOURAGING THE TrADE OF HlS 

Majesty's Sugar Colonies in Ainerica ; for applying the 
Produce of such Duties, and of the Duties to arise ly virtue of 
the said Act, towards defraying the Expenses of defending, 
protecting, and securing, the said Colonics atid Plantations ; 
for explaining an Act made in the Twenty fifth Year of the 
Reign of King Charles the Second, intituled. An Act for the 
Encouragement of the Greenland and Eastland Trades 
and for the better securing the Plantation Tradk ; 



THE STAMP ACT. 31 

and for altering and disallowing several Drawbacks on Ex- 
ports from this Kingdom, and more effectually preventing the 
clandestine Conveyance of Goods to and from the said Colon- 
ies and /Plantations, afid improving and securing the Trade be- 
tween the same and Great Britain, and for Offences com- 
mitted against any other Act or Acts of Parliament relating 
to the Trade or Revenues of the said Colonies or Plantations ; 
shall and may be prosecuted, sued for, and recovered, in any 
Court of Record, or in any Court of Admiralty, in the re- 
spective Colony or Plantation where the Offence shall be 
committed, or in any Court of Vice Admiralty appointed or 
to be appointed, and which shall have Jurisdiction within 
such Colony, Plantation, or Place (which Courts of Admir- 
alty or Vice Admiralty are hereby respective!)' authorized and 
required to proceed, hear and determine the same) at the 
Election of the Informer or Prosecutor. 

[112.] And it is hereby further enacted and declared . . . 
That all Sums of Money granted and imposed by this Act, 
as Rates or Duties, and also all Sums of Money imposed b\' 
this Act, as Rates or Duties, and also all Sums of Money im- 
posed as Forfeitures or Penalties, and all Sums of Money re- 
quired to be paid, and all other Monies herein mentioned, 
shall be deemed and taken to be Sterling Money of Great 
Britain, and shall be collected, recovered and paid, to the 
Amount of the Value which such nominal Sums bear in Great 
Britain, and that such Monies shall and may be received and 
taken, according to the Proportion and Value of Five Shil- 
lings and Six Pence the Ounce in Silver ; and that all the 
Forfeitures and Penalties hereby inflicted, and which shall be 
incurred, in the said Colonies and Plantations, shall and may 
be prosecuted, sued for, and recovered, in any Court of 
Record, or in any Court of Admiralty, in the respective 
Colony or Plantation where the Offence shall be committed, 
or in any Court of Vice Admiralty appointed or to be ap- 
pointed, and which shall have Jurisdiction within such Colony, 
Plantation, or Place, (which Courts of Admiralty or Vice Ad- 
miralty are hereby respectively authorized and required to 
proceed, hear, and determine the same,) at the Election of 
the Informer or Prosecutor ; and that from and after the 
Twenty ninth Day of September, One thousand seven hundred 



3 2 THE S TA MP ACT. 

and sixty five, in all cases, when any Suit or Prosecution shall 
be commenced and determined for any Penalty or Forfeiture 
inflicted by this Act, or by the said Act made in the Fourth 
Year of His present Majesty's Reign, or by any other Act of 
Parliament relating to the Trade or Revenues of the said 
Colonies or Plantations, in any Court of Admirality in the 
respective Colony or Plantation where the Offence shall be 
committed, either Party, who shall think himself aggrieved by 
such Determination, may appeal from such Determination to 
any Court of Vice Admiralty appointed or to be appointed, 
and which shall have Jurisdiction within such Colony, Plan- 
tation, or Place, (which Court of Vice Admiralty is hereby 
authorized and required to proceed, hear, and determine such 
Appeal) anv Law, Custom, or Usage, to the contrary notwith- 
standing ; and the Forfeitures and Penalties hereby inflicted, 
which shall be incurred in any other Part of His Majesty's 
Dominions, shall and may be prosecuted, sued for, and re- 
covered, with Full Costs of Suit in any Court of Record 
within the Kingdom, Territory, or Place, where the Offence 
shall be committed, in such and the same Manner as any 
Debt or Damage, to the Amount of such Forfeiture or Pen- 
altv, can or may be sued for and recovered. 

[113.] And it is hereby further enacted, That all the 
Forfeitures and Penalties hereby inflicted shall be divided, 
paid, and applied, as follows; (that is to say) One Third 
Part of all such Forfeitures and Penalties recovered in the 
said Colonies and Plantations, shall be paid into the Hands 
of One of the Chief Distributors of stamped Vellum, Parch- 
ment, and Paper, residing in the Colony or Plantation 
wherein the Offender shall be convicted, for the Use of His 
Majesty, His Heirs, and Successors; One Third Part of the 
Penalties and Forfeitures, so recovered, to the Governor or 
Commander in Chief of such Colony or Plantation; and the 
other Third Part thereof, to the Person who shall inform or 
sue for the same ; and that One Moiety of all such Penalties 
and Forfeitures recovered in any other Part of His Majesty's 
Dominions, shall be to the Use of His Majesty, His Heirs, 
and Successors, and the other Moiety thereof, to the Person 
who shall inform or sue for the same. 

[1T4,] And be it further enacted. That all the Offences 



THE STAMP ACT. 



Zl 



which are by this Act made Felony, and shall be committed 
within any Part of His Majesty's Dominions, shall and may 
be heard, tried, and determined before any Court of Law 
within the respective Kingdom, Territory, Colony or Planta- 
tion, where the Offence shall be committed, in such and the 
:same Manner as all other Felonies can or may be heard, 
tried, and determined, in such Court. 

[115.] And be it further enacted, That all the present 
^Governors or Commanders in Chief of any British Colony 
or Plantation, shall, before the First Day of November, One 
thousand seven hundred and sixty five, and all who hereafter 
isliall be made Governors or Commander in Chief of the said 
Colonies or Plantations, or any of them, before their en- 
trance into their Government, shall take a solemn Oath to do 
their utmost, that all and every the Clauses contained in this 
present Act be punctually and bona fide oh^^xv^A, according 
to the true Intent and Meaning thereof, so far as appertains 
unto the said Governor or Commander in Chief respectively, 
binder the like Penalties, Forfeitures, and Disabilities, either 
for neglecting to take the said Oath, or for wittingly neglect- 
ing to do their Duty accordingly, as are mentioned and ex- 
pressed in an Act made in the Seventh and Eighth Year of 
the Reign of King William the Third, intitled. An Act for 
preventing Frauds and regulating Abuses, in the Pla?itation 
Trade; and the said Oath hereby required to be taken, shall 
be administered by such Person or Persons as hath or have 
been, or shall be, appointed to administer the Oath required 
to be taken by the said Act made in the Seventh and Eighth 
Year of the Reign of King William the Third. 

[116.] And be it further enacted. That all Records, 
Writs, Pleadings, and other Proceedings in all Courts what- 
soever, and all Deeds, Instruments, and Writings whatsoever, 
hereby charged, shall be ingrossed and written in such Man- 
ner as they have been usually accustomed to be ingrossed 
and written, or are now ingrossed and written within the 
said Colonies and Plantations. 

[117.] And it is hereby further enacted. That if any 
Person or Persons shall be sued or persecuted, either in 
Oreat Britain or America for anything done in pursuance of 
this Act, such Person and Persons shall and may plead the 



34 THE STAMP ACT. 

General Issue, and give this Act and the Special Matter in 
Evidence; and if it shall appear so to have been done, the 
Jury shall find for the Defendant or Defendants; And if the 
Plaintiff or Plaintiffs shall become nonsuited, or discontinue 
his or their Action after the Defendant or Defendants shall 
have appeared, or if Judgment shall be given upon any Ver- 
dict or Demurrer against the Plaintiff or Plaintiffs, the De- 
fendant or Defendants shall recover Treble Costs and have 
the like Remedy for the same, as Defendants have in other 
Cases by Law. 



Selections from Browning. 

Edited by C. W. FRENCH, 

Principal of the Hyde Park High School, Chicago. 



This volume includes a number of Browning's most cele- 
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fair knowledge of the genius of this greatest of modern 
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The study of Browning's works is productive of mental 
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shall lead to further study. To this end each of the longer 
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